5.
&pOt1 LawAssurances. You agree and certifY that neither rhe Software nor any other technical data received from Toolworks,
nor
the direct product thereof,
will he exported outside the United States except
as
authorized and-as permitted by the
laws
and regulations
of
the United States.
6. Govem.m.ent
End
Users.
If
you are acquiring the Software
on
behalf
of
any unit
or
agency
of
the United States government, the following provisions apply.
The
Government agrees:
(i)
if
the software
is
supplied to the Department
of
Defense (DoD), the Software
is
classified
as
"Commercial Computer Software" and the
Government
is
acquiring only "restricted rights" in the Software and its documentation
as
that rerm
is
defined in Clause 252.227-7013(c)(I)
of
the DFAR!), and
(ii)
if
the software
is
suppled to any unit or agency
of
the United States Government other than
DoD,
the Government's rights in theSoftware and
its documentation will be defined in Clause 52.227-19(c)(2)
of
the FAR or,
in
the case
of
NASA, in Clause lS-52.227-S6(d)
of
the NASA
Suppkment
to the
FAR
7.
limited
Warranty
on
Media. Toolworks warrants the media
in
which the Software
is
recorded (cartridge) to be free from defects in materials and
workmanship under normal
use
for a period
of
ninety (90) days ftom the date
of
purchase
as
evidenced
by
a copy
of
the receipt. Toolworks' entire liability and
your exclusive remedy
will
be replacement
of
the cartridge not meeting Toolworks' limited warranty and which
is
returned to TooJworks
Of
a Toolworks
authorized representative with a copy
of
the receipt. Toolworks will have no responsibility to replace a cartridge damaged by accident,
aQuse
or misapplication.
ANY IMPLIED WARRANTIES
ON
THE
CARTRIDGE,
INCLUDING
THE
IMPLIED WARRANTIES
OF
MERCHANTABILITY
AND
FITNESS
FOR
A PARTICULAR PURPOSE, ARE LIMITED
IN
DURATION
TO
NINETY (90)
DAYS
FROM
TIlE
DATE
OF
DELIVERY.
THIS
WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY
ALSO HAVE
OTHER
RIGHTS
WHICH
VERY
FROM
JURISDICTION
TO
JURISDICTION.
S.
Disclaimer
of
Warranty
of
Software.
You
expressly acknowledge and agree that
use
of
the Software
is
at your sale risk. The Software and related
docwnentation are provided
"AS
IS"
and withoutwarranty
of
any kind, andT oolworks and Toolworks' Licensor(s) (for purposes
of
provisions 8 and 9,
Toolworks, and Toolworks' Licensor(s) shall be collectively referred to
as
"Toolworks") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS
OR
IMPLIED,
INCLUDING,
BUT LIMITED
TO,
THE
IMPLIED WARRANT
THAT
THE
FUNCTIONS
CONTAINED
IN
THE
SOFTWARE WILL
MEET
YOUR REQUIREMENTS,
OR
THAT
THE
OPERATION
OF
THE
SOFTWARE WILL
BE
UNINTERRUPTED
OR
ERROR-FREE,
OR
THAT
DEFECTS
IN
THE
SOFTWARE WILL
BE
CORRECTED, FURTHERMORE,
TOOLWORKS
DOES
NOT
WARRANT
OR
MAKE ANY
REPRESENTATIONS REGARDING
THE
USE
OR
THE
RESULTS
OF
THE
USE
OF
THE
SOFTWARE
OR
RELATED
DOCUMENTATION
IN
TERMS
OF
THEIR
CORRECTNESS. ACCURACY, RELIABILITY
OR
OTHERWISE.
NO
ORAL
OR
WRITrEN
INFORMATION
OR
ADVICE
GIVEN
BY
TOOLWORKS
ORA
TOOLWORKSAUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY
OR
IN
ANYWAY INCREASE
THE
SCOPE
OF
THIS
WARRANTY.
SHOULD
THE
SOFTWARE PROVE DEFECTIVE, YOU (AND
NOT
TOOLWORKS
OR
A
TOOLWORKS
AUTHORIZED
REPRESENTATIVE) ASSUME
THE
ENTIRE
COST
OF
ALL
NECESSARY SERVICING, REPAIR
OR
CORRECTION.
SOME
JURISDICTIONS
DO
NOT
ALLOW
THE
EXCLUSION
OF
IMPLIED WARRANTIES,
SO
THE
ABOVE EXCLUSION
MAY
NOT
APPLY
TO
YOU.
9.
Limitation
of
Liability.
UNDER
NO
CIRCUMSTANCES,
INCLUDING
NEGLIGENCE, SHALL
TOOLWORKS
BE
LIABLE
FOR
ANY
INCIDENTAL, SPECIAL
OR
CONSEQUENTIAL
DAMAGES
THAT
RESULT
FROM
THE
USE
OR
INABILITY
TO
USE
THE
SOFTWARE
OR
RELATED
DOCUMENTATION,
EVEN IF
TOOLWORKS
OR
A TOOLWORKS
AUTHORIZED
REPRESENTATIVE
HAS
BEEN ADVISED
OF
THE
POSSIBILIIT
OF
SUCH
DAMAGES.
SOME
JURISDICTIONS
DO
NOT
ALLOW
THE
LIMITATION
OR
EXCLUSION
OF
LIABILITY
FOR
INCIDENTAL
OR
CONSEQUENTIAL
DAMAGES
SO
THE
ABOVE LIMITATION
OR
EXCLUSION
MAY
NOT
APPLY
TO
YOU.
In
no event shall
Toolworks' total liability
(0
you for all damages,
losses,
and causes
of
action [whether in contract, tort (including negligence)
or
othetwisel exceed the amount
paid by you
ror
The Miracle System.
10.
Controlling
Law
and
Severability. This License shall
be
governed by and construed
in
accordance with the
laws
of
the United States and the State
of
California,
as
applied to agreements entered into and
(0
be performed entirely within California between California residents.
If
for any reason a court
of
competent jurisdiction finds
any
provision
of
this License, or portion thereof, to be unenforceable, that provision
of
this License shall be enforced to the
maximum extent permissible
so
as
to effect the intent
of
the parries, and the remainder
of
this License shall continue in full force and effect.
11. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the
use
of
the Software and related documentarion,
and supersedes
all
prior
or
Contemporaneous understandings
or
agreements, written
or
oral, regarding such subject matrer. No amendment to,
or
modification of,
this License will be binding unless
in
writing and signed by a duly authorized representative
ofT
oolworks.
CAUTION
The
Miracle Piano Teaching
S}'!Jtem
comes with a power
supply
which is
intended
for use
in
the
country
in
which
The
Miracle
unit
is
originally sold.
Use
of
The
Miracle
in
other
countries
with
power supplies
or
power
CODvertefS
other
than
those provided
by
Toolworks for use
in
the
wuntry
of
purmase
may
damage
The
Miracle,
may
cause a hazard, and
will
void
this warranty.
Should
you
have
any
questions regarding this Limited Hardware
Warranty
and
Software
license
Agreement
and
limited
Warranty
please feel &ee
to
call
or
write
The
Software Toolworks,
60
Leverooi
Court,
Novato, CA
94949
(415) 883-5157.
Purchase
date:--'
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